I don’t think my other thread should’ve been locked because all of the questions were yes and no answers; there’s no way I can use them as advice.
So I’ll ask general questions then:
If a statute and a court ruling prohibit access to sealed/expunged records with exceptions for police agencies, can another part of the government that’s not a statutorial exception know of the record, legally?
Possible answers: Yes it can; no it can not.
2a.Will a state share sealed/expunged records that are off limits to in-state non-police agencies with a non-police agency of a sister case, or (2b) is the sister case bound by Full Faith and Credit to respect the non-disclosure practices of a sister state?
Possible answers: 2a: yes it will share, no it will not; 2b: yes, the sister state is bound by Full Faith and Credit, no it is not bound
Is the bar (the official one that admits attorneys) a licensing body, legally?
Possible answers: yes, no.
I don’t see how answering any of the above would be considered legal advice.
I’m closing this one also, although I appreciate you PMing me.
The Straight Dope Message Board is just another board out there on the Internet. It probably has more intelligent posters than most boards. It has some professionals.
Having said that, we respectfully ask people who need legal questions answered relative to their local jurisdiction to ask/pay for a qualified local attorney to answer their question.
We’re not worried so much about our liability, but rather your liability in accepting the advice/answers of random [del]dogs[/del] posters on the Internet.
Complaints about moderator decisions and arguments about board rules go in the About This Message Board forum.
While you’ve made your questions general, they are phrased in an argumentative fashion, and still seem to be hunting for legal advice. I’m going to leave this thread open for now, but I’m asking the posters to avoid giving any sort of legal advice, and simply give basic answers. Here I’ll start.
Yes, and no, depending on what other state statutes say, what the order actually says, which jurisdiction we are talking about, and multiple other factors that you’d need to explain to an attorney who is licensed in your jurisdiction.
2a. Depends on the state.
2b. It says, “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.” As you have phrased the question, it applies facially.
Depends on the state, and your definition of “licensing body.”